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I was denied enlistment into the National Guard due to

Customer Question
something very minor in my...
I was denied enlistment into the National Guard due to something very minor in my past is there anyway I can appeal it
Submitted: 2 years ago.Category: Military Law
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Answered in 12 minutes by:
2/19/2016
Military Lawyer: Allen M., Esq., Lawyer replied 2 years ago
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,631
Experience: Lawyer and current JAG officer.
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Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

There is an appeal process, but it's not like a legal "due process" appeal. This is because there is no legal right to military service, so it's not a court matter. The "appeal" is something called a waiver request. That is an appeal to the recruiting station commander to allow entrance over a disqualifying issue. While I understand that you say this is a minor issue in the past, it still can be disqualifying to the point that it requires a waiver to gain entry. It does not take much to be DQ'd.

As I noted, the waiver request isn't actually a "due process" right. It is a tool for recruiters to use in order to fill positions that they need to have filled. If this recruiter wouldn't process a waiver for you, that means they aren't really in need of anything. This is becoming universally true, as we are seeing fewer and fewer waivers processed or granted. That is a direct result of the still poor job market and the shrinking military budget. As a result, we have more people applying for fewer positions. Waivers become unnecessary in such situations.

So, to obtain a waiver, you have to find a recruiter with a need. If they have a need, they'll process a waiver request. This is no guarantee that it will granted, but the only way to even get it processed is to find a recruiter with a need. If the issue is minor, then there is certainly the chance that it would be granted.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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